Acceptance

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📖 Detailed Explanation

Acceptance in foreign trade refers to the legal act by which the offeree (buyer or seller) unconditionally agrees to the terms of an offer, either by statement or conduct, within the validity period of the offer. Once acceptance becomes effective, the contract is formed. Usage scenarios include: the buyer accepts the seller's offer; the seller accepts the buyer's counter-offer. Precautions: acceptance must be made by the offeree, must be clear and unconditional, and must reach the offeror within the validity period of the offer. Acceptance, together with offer and counter-offer, constitutes the core of trade negotiation. Difference from counter-offer: a counter-offer is a modification or addition to the offer and constitutes a new offer; acceptance is complete agreement to the original offer. Difference from inquiry: an inquiry asks about trade terms and has no legal binding force; acceptance has legal effect and directly leads to contract formation. In addition, acceptance may be withdrawn, but the notice of withdrawal must reach the offeror before or at the same time as the acceptance.

📝 Examples

1. We accept your offer dated October 1, 2023, for 1,000 metric tons of wheat. Please sign the contract as soon as possible. (The buyer accepts the seller's offer, and the contract is formed.) 2. We accept your counter-offer price. Please prepare the proforma invoice at this price. (The seller accepts the buyer's counter-offer, and a new agreement is reached.)

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